Misuse of Psychological Tests in Courts By Eric Marcy, Esq. The Purpose and Source of Data for the Various MMPI Products The MMPI-2 was a personality assessment tool for mental health diagnosis. It was used for decades in a variety of litigation contexts. To the extent that examiners continue to use this process in the forensic […]
By Eric Marcy, Esq. Challenging So-Called “Objective” Testing – The Use and Abuse of Psychological Testing in Litigation Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination, briefing and/or […]
The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and books.[1] The theoretical basis derives from Millon’s theory of personality development, personality types, and personality disorders. The instrument relies on 175 […]
By Eric Marcy, Esq While the Parole Board consists of Members who act in good faith, who try to do the right thing, there is a natural human reluctance to parole an individual who has been convicted of a serious and/or violent crime. It is up to the individual and his attorney to present a Parole […]
By Eric Marcy, Esq. When one thinks their spouse may be having an affair or is engaging in economic infidelity, there is the tendency to consider accessing the cell phone to see who they are communicating with and what is being discussed. In the context of a potential divorce, such snooping may violate State and/or Federal law […]
The Use And Abuse Of The LSI-R In Parole Evaluations Challenging So-Called “Objective” Testing By Eric Marcy, Esq. The Level of Service Inventory-Revised “LSI-R” is frequently misused in the context of parole evaluations. Providing an air of scientific reliability, its application in the forensic setting is actually unreliable, subjective, and highly dependent on factors that may […]
Without proper guidance an individual who should be paroled may end up serving a longer sentence. Too often individuals expect that their initial eligibility date is the date they will be released and to the grave disappointment of the individual and his/her family they unexpectedly learn that they have received a “hit” and face a […]
By Eric Marcy The issue of parole is an area that few consider or plan for after having been sentenced to a prison term. Parole is not guaranteed. Any individual sentenced to a prison term should be considering parole issues, if not a sentencing, then shortly thereafter and planning for that day that he or she […]
When the Predicate Convictions Involve a Juvenile By Eric Marcy The legacy of the war against crime of the 1990s has created a system of draconian sentencing enhancements that cruelly fail to take into consideration a person’s youth at the time of the commission of the crimes. Laws that remove sentencing discretion of judge and bars […]
With the rapid advancement of technology, the concomitant reduction of cost, and increasing ease of installation of Closed-Circuit Television systems (“CCTV”) many local Informational Technology Companies have begun to dabble in installing CCTV monitoring as part of their product/service offerings. The installation of “surveillance,” “security,” or CCTV monitoring equipment requires a state license. The failure […]
